[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Rules and Regulations]
[Pages 32433-32434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13007]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 79, No. 108 / Thursday, June 5, 2014 / Rules
and Regulations
[[Page 32433]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2012-0078]
RIN 0579-AD72
Importation of Female Squash Flowers From Israel Into the
Continental United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations governing the importation of
fruits and vegetables to allow the importation of female squash flowers
from Israel into the continental United States. As a condition of
entry, female squash flowers from Israel will be subject to a systems
approach that includes requirements for pest exclusion at the
production site and fruit fly trapping and monitoring. The female
squash flowers must also be accompanied by a phytosanitary certificate
issued by the national plant protection organization of Israel with an
additional declaration that the female squash flowers have been
inspected and found free of quarantine pests. This action will allow
for the importation of female squash flowers from Israel into the
continental United States while continuing to provide protection
against the introduction of quarantine pests.
DATES: Effective July 7, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. George Balady, Senior Regulatory
Policy Specialist, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD
20737-1236; (301) 851-2240.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-67, referred to below as the regulations)
prohibit or restrict the importation of fruits and vegetables into the
United States from certain parts of the world to prevent the
introduction and dissemination of plant pests that are new to or not
widely distributed within the United States.
On May 2, 2013, we published in the Federal Register (78 FR 25620-
25623, Docket No. APHIS-2012-0078) a proposal \1\ to amend the
regulations by allowing the importation of female squash flowers from
Israel into the continental United States under a systems approach that
would include requirements for pest exclusion at the production site
and fruit fly trapping and monitoring. The female squash flowers would
also have to be accompanied by a phytosanitary certificate issued by
the national plant protection organization (NPPO) of Israel with an
additional declaration that the female squash flowers have been
inspected and found free of quarantine pests.
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\1\ To view the proposed rule, the pest risk analysis, and the
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0078.
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We solicited comments concerning our proposal for 60 days ending
July 1, 2013. We received two comments from members of the public by
that date.
One commenter supported the proposed rule. One commenter opposed
the proposed rule, citing no finding of a public benefit for importing
female squash flowers, a potential slight decrease in the price of the
commodity, and an additional cost to the U.S. Government for enforcing
compliance with the regulation.
Under the Plant Protection Act (7 U.S.C. 7701 et seq.), the Animal
and Plant Health Inspection Service (APHIS) has the authority to
prohibit or restrict the importation of plants and plant products only
when necessary to prevent the introduction into or dissemination of
plant pests or noxious weeds within the United States. APHIS does not
have the authority to restrict imports solely on the grounds of
potential economic effects on domestic entities that could result from
increased imports.
The commenter expressed concern about the potential introduction of
new pests resulting in reduced crop yields, fruit-fly-borne diseases,
and increased economic and health costs associated with pesticide use.
The commenter also mentioned the lack of provisions to compensate
domestic farmers for the harm caused by the failure of importers of
female squash flowers to comply with the proposed mitigation measures.
APHIS has determined that the measures outlined in the risk
management document that accompanied the proposed rule are sufficient
to mitigate the risk of pests being introduced into the United States
as a result of the importation of female squash flowers from Israel.
The commenter did not provide any evidence that the measures would not
be effective. The NPPO of Israel and APHIS will collaborate to ensure
that growers and importers comply with the proposed measures, as we do
in other import programs.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget.
In accordance with 5 U.S.C. 604, we have performed a final
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this rule on small entities. Copies of the full
analysis are available on the Regulations.gov Web site (see footnote 1
in this document for a link to Regulations.gov) or by contacting the
person listed under FOR FURTHER INFORMATION CONTACT.
This final rule will amend the regulations to allow, under certain
conditions, the importation of female squash flowers (Cucurbita pepo
L.) from Israel into the continental United States. Squash flowers have
gained in popularity as an elegant way to garnish dishes, desserts, and
salads, and as an ingredient in other dishes. Marketing of commercially
grown edible flowers is typically directed to clientele at upscale
restaurants.
Farms that solely produce squash flowers are rare. The blossoms are
[[Page 32434]]
typically a by-product of squash fruit production. Squash is
commercially produced throughout the United States, but principally in
Michigan, California, Florida, and Georgia.
The Small Business Administration's small-entity standard for U.S
farms that produce squash is annual receipts of not more than $750,000.
In 2007, the average market value of sales by the 11,821 U.S farms that
produced squash was about $17,222, well below the small-entity
standard. We infer that by far most farms producing squash, including
farms producing squash flowers, are small entities.
Israel is expecting to export 10 metric tons of fresh female squash
flowers annually to the United States. We do not know the quantity or
value of female squash flower production in the United States, or the
quantity or value of female squash flowers imported from other
countries. Without basic production and trade information, we are
unable to evaluate potential impacts of this final rule.
Executive Order 12988
This final rule allows fresh female squash flowers to be imported
into the United States from Israel. State and local laws and
regulations regarding female squash flowers imported under this rule
will be preempted while the fruit is in foreign commerce. Fresh
vegetables are generally imported for immediate distribution and sale
to the consuming public, and remain in foreign commerce until sold to
the ultimate consumer. The question of when foreign commerce ceases in
other cases must be addressed on a case-by-case basis. No retroactive
effect will be given to this rule, and this rule will not require
administrative proceedings before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this final rule, which were
filed under 0579-0406, have been submitted for approval to the Office
of Management and Budget (OMB). When OMB notifies us of its decision,
if approval is denied, we will publish a document in the Federal
Register providing notice of what action we plan to take.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this rule, please contact Mrs. Celeste Sickles,
APHIS' Information Collection Coordinator, at (301) 851-2908.
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
1. The authority citation for part 319 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136
and 136a; 7 CFR 2.22, 2.80, and 371.3.
0
2. Section 319.56-68 is added to read as follows:
Sec. 319.56-68 Female squash flowers from Israel.
Female squash flowers (Cucurbita pepo L.) may be imported into the
continental United States from Israel only in accordance with this
section and other applicable provisions of this subpart. These
conditions are designed to prevent the introduction of the following
quarantine pests: Ceratitis capitata, Dacus ciliatus, Helicoverpa
armigera, and Scirtothrips dorsalis.
(a) Production site requirements. (1) Production sites in which the
female squash flowers are produced must be registered with the national
plant protection organization (NPPO) of Israel. Initial approval of
production sites must be completed jointly by the NPPO of Israel and
APHIS.
(2) The NPPO of Israel must visit and inspect the production sites.
APHIS may monitor the production sites if necessary.
(3) Production sites must be inside pest-exclusionary structures
(PES). The PES must have self-closing double doors. All openings,
including vents, to the outside of the PES must be covered by screening
with mesh openings of not more than 1.6 mm.
(b) Mitigation measures for fruit flies (C. capitata and D.
ciliatus). (1) The NPPO of Israel must set and maintain fruit fly traps
with an APHIS-approved bait at a rate of one trap per hectare, with a
minimum of one trap in each PES and one outside the entrance of each
PES. The NPPO of Israel must check the traps every 7 days and maintain
records of trap placement, trap maintenance, and captures of any fruit
flies of concern. The NPPO must maintain trapping records and make the
records available to APHIS upon request.
(2) Capture of a single fruit fly of concern inside a production
site will immediately result in cancellation of exports to the United
States from that production site. The detection of a fruit fly of
concern in a consignment at the port of entry that is traced back to a
production site will also result in immediate cancellation of exports
to the United States from that production site. In both cases, exports
from the production site in question may not resume until APHIS and the
NPPO of Israel have mutually determined that the risk has been properly
mitigated.
(c) Packinghouse requirements. While in use for exporting female
squash flowers to the United States, the packinghouses may only accept
flowers from registered production sites.
(d) Post-harvest procedures. Before being removed from the PES,
harvested female squash flowers must be placed in field cartons or
containers that are marked to show the official registration number of
the production site. The place of production where the flowers were
grown must remain identifiable from the time when the blossoms leave
the production site, to the packinghouse, and through the export
process.
(e) Commercial consignments. The female squash flowers may be
imported in commercial consignments only.
(f) Phytosanitary certificate. Each consignment must be accompanied
by a phytosanitary certificate issued by the NPPO of Israel with an
additional declaration stating that the consignment has been inspected
and found free of Ceratitis capitata, Dacus ciliatus, Helicoverpa
armigera, and Scirtothrips dorsalis.
(Approved by the Office of Management and Budget under control
number 0579-0406)
Done in Washington, DC, this 29th day of May 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-13007 Filed 6-4-14; 8:45 am]
BILLING CODE 3410-34-P